Would DCF work for us?

[Frequent_Flyer 0]

Hello VJ,

My fiancee is a US citizen living in California for the past year. She has permanent resident status in Canada and lived here since childhood up until about a year ago. I live in Toronto and we were hoping to take advantage of DCF once we are married. Here are my questions and I hope you can help.

1. Are we eligible for DCF?

2. Here is the link I found on the US Consulate page for Toronto. Is this the process for filing a DCF? Immigrant Visas - US Consulate Toronto

3. The first paragraph states a potential processing time of 12 months. Is this normally the case? Would a K1 not be a better option then?

Thanks,

F.F.

[kaffy 2]

From the link you posted:

The petitioner must also show a long term visa or other permission from Canadian immigration authorities to reside in Ontario, Canada and have done so for at least 6 months before filing the I-130.

So if she moves there to live with you for 6 months before filing, then yes DCF should work for you guys. I'm not sure if they will count past-residency towards the requirement

[Frequent_Flyer 0]

From the link you posted:

The petitioner must also show a long term visa or other permission from Canadian immigration authorities to reside in Ontario, Canada and have done so for at least 6 months before filing the I-130.

So if she moves there to live with you for 6 months before filing, then yes DCF should work for you guys. I'm not sure if they will count past-residency towards the requirement

Thanks Kaffy.

So the residency requirement is actually a co-inhabitant requirement? I read that statement as well but understood it to only relate to status in Canada.

I'm new to all this and trying to figure out which option would work best for us so please excuse my ignorance. Thankfully, this forum exists as a fantastic resource.

[trailmix 77]

From the link you posted:

The petitioner must also show a long term visa or other permission from Canadian immigration authorities to reside in Ontario, Canada and have done so for at least 6 months before filing the I-130.

So if she moves there to live with you for 6 months before filing, then yes DCF should work for you guys. I'm not sure if they will count past-residency towards the requirement

Thanks Kaffy.

So the residency requirement is actually a co-inhabitant requirement? I read that statement as well but understood it to only relate to status in Canada.

I'm new to all this and trying to figure out which option would work best for us so please excuse my ignorance. Thankfully, this forum exists as a fantastic resource.

DCF is only for the CR1 or IR1 - are you planning on getting married and then filing?

If so, she needs to prove her long term residency in Canada - can you provide the documents listed? Does she really have residency? I guess in your case it's kind of a gray area. If you are going to get married and then file - I suppose it might be worth trying if you have all the documents to back it up.

"Copies of multiple evidence of the petitioner's & beneficiary's lawful residence in Ontario, Canada, e.g. immigration documents, provincial health card or driving license, lease, utility or banking statements over time. The petitioner must also show a long term visa or other permission from Canadian immigration authorities to reside in Ontario, Canada and have done so for at least 6 months before filing the I-130".

[trailmix 77]

I just thought of something else.

It won't work. She has to sign an affidavit of support - she has to supply U.S. tax returns etc to do this - there is no way the residency thing would fly - in my opinion. However you could always email them and ask.

[Frequent_Flyer 0]

From the link you posted:

The petitioner must also show a long term visa or other permission from Canadian immigration authorities to reside in Ontario, Canada and have done so for at least 6 months before filing the I-130.

So if she moves there to live with you for 6 months before filing, then yes DCF should work for you guys. I'm not sure if they will count past-residency towards the requirement

Thanks Kaffy.

So the residency requirement is actually a co-inhabitant requirement? I read that statement as well but understood it to only relate to status in Canada.

I'm new to all this and trying to figure out which option would work best for us so please excuse my ignorance. Thankfully, this forum exists as a fantastic resource.

DCF is only for the CR1 or IR1 - are you planning on getting married and then filing?

If so, she needs to prove her long term residency in Canada - can you provide the documents listed? Does she really have residency? I guess in your case it's kind of a gray area. If you are going to get married and then file - I suppose it might be worth trying if you have all the documents to back it up.

"Copies of multiple evidence of the petitioner's & beneficiary's lawful residence in Ontario, Canada, e.g. immigration documents, provincial health card or driving license, lease, utility or banking statements over time. The petitioner must also show a long term visa or other permission from Canadian immigration authorities to reside in Ontario, Canada and have done so for at least 6 months before filing the I-130".

Trailmix,

Yes we are getting married first and then filing.

My fiancee has her Canadian permanent resident card, a valid Ontario driver's license, an Ontario Health Card and financial statements so I believe the documents requirement would be satisfied. Should I confirm with the consulate?

[Frequent_Flyer 0]

Just read your follow up.

Thanks. That's good to know. I'll email just as a shot in the dark but that helps put me in the right direction.